MATTER OF NOWAKOWSKI


2 N.Y.2d 618 (1957)

In the Matter of The Estate of Alexandra Nowakowski, Deceased. Felix Nowakowski, Appellant; Louis Szczukowski et al., as Executors of Alexandra Nowakowski, Deceased, Respondents.

Court of Appeals of the State of New York.

Decided April 12, 1957.


Attorney(s) appearing for the Case

Edward D. Siemer for appellant.

John J. Nasca for respondents.

CONWAY, Ch. J., DESMOND, DYE, FULD and VAN VOORHIS, JJ., concur with BURKE, J.; FROESSEL, J., concurring in a separate memorandum.


BURKE, J.

A proceeding was brought by the executors of the last will and testament of the decedent seeking a determination as to the validity of a waiver and release of the appellant's right of election to take against his deceased wife's will.

The Surrogate directed the clerk of the court to take and report the testimony. The record reveals that the clerk during the taking of the testimony ruled on more...

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